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Home My WebLink AboutCouncil Minutes - May 17, 2023 1 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org City Council Minutes – May 17, 2023 Mayor Jerry Merrill Council Members: Robert Chambers Jordan Busby Mikel Walker Tisha Flora Colin Erickson Bryanna Johnson City Staff: Stephen Zollinger – City Attorney Matt Nielson – Finance Officer Keith Davidson – Public Works Director Alan Parkinson – Planning & Zoning Administrator Scott Johnson – Economic Development Director Deborah Lovejoy – City Clerk 6:30 P.M. City Hall (0:02:46) Council Member Walker said the prayer Council Member Johnson led the pledge Roll Call of Council Members : Attending: Council Member Flora, Council Member Johnson, Council Member Chambers, Council Member Erickson, Council Member Walker, and Council President Busby Mayor Merrill did not attend the meeting. Amend the Agenda as per Idaho State Statute §74-204(4)(b): Addition of Tabled 2022 Transportation Plan Update Item 10A Council Member Johnson moved to amend the agenda as per Idaho State Statute §74-204(4)(b): Addition of Tabled 2022 Transportation Plan Update Item 10A ; Council Member Erickson seconded the motion; Council President Busby asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried Public Comment: Limit 3 minutes; issues may be considered for discussion on a future agenda. Please keep comments on point and respectful. John Crystal expressed his concerns with the cement that was poured on Chad and Angela Streets last year. The concrete has started to crack and there is spalling in some areas. He asked about th e concrete warranty and the process to report the issues with the concrete. City Engineer Beard said the city engineers will need to inspect the areas of concrete experiencing the spalling to determine if the warranty will cover the damage. Mr. Crystal said his neighbor’s mailbox was knocked over by the snowplow twice. The first time the city was able to repair the mailbox; however, the mailbox has not been repaired since it was knocked over the second time. City Clerk Lovejoy asked Mr. Crystal to inform his neighbor to submit a claim with the city to repair the mailbox. Brian Kennedy requested clarification regarding the warranty process and the warranty timetable for the concrete work the contractor completed on Chad and Angela Street. As homeowners, they need to know the warranty expectations and the process to report cracking and spalling in the concrete. He said having a document explaining the warranty process would assist the current homeowners experiencing issues with the concrete on their property and the future homeowners that will participate in Local Improvement Districts (LID’s). City Attorney Zollinger explained the city engineers will inspect the work completed by the contractor on LID 51. The engineers will report back to the property owners which work is under warranty. Items from City Council: (:05:03) 2 A. Committees: MEPI, Cultural Arts, Grants, School Board, MUSIC, MYAB, Traffic & Safety, Emergency Services Board, Trails, Beautification, Parks, Recreation, Urban Renewal, Airport, Go lf Board, and Legacy Flight Museum Council President Busby reported the Madison High School Commencement Ceremony is scheduled on Thursday, May 25th at 3:00 P.M. Council Member Flora reported over the last two weeks the Councilmembers have met with every department head during the budget process. They have reviewed each budget line item and the money spent in each department. She commended the department heads for working within their respective budgets and the city Finance Department for their detailed work. Council Member Walker said the Mayor’s Youth Advisory Board met today to assist in the Flow-Bor Day event. There were about 85 volunteers at the event to help plant flowers along Main Street. Council Member Johnson encouraged everyone to come and help with the Eagle Park Clean-up on Tuesday, May 23 starting at 5:00 p.m. B. Other Reports: Staff Reports: (0:15:54) A. Finance: – Matt Nielson 1. Financial Reports Finance Officer Nielson reviewed the Cash and Investments Balance Report. The city Finance Department’s main priority is the security of these funds by investing in safe investments covered by insurance or back by the government. He also prioritizes the liquidity of the funds and the return of the investments. Finance Officer Nielson said the city is at 58% into Fiscal Year 2023. The accounts in the Budget Report are trending at or near budget. There are some accounts that are above budget because the capital is purchased u p front or earlier into the Fiscal Year. A large incumbrance could also make the account over budget, the fiber fund is a good example of a large incumbrance. There are some departments that are slightly over budget in their operations. Over all the city has spent 40% of it’s budget. 2. Approval for Fire and Police Department Budget Adjustment for Radio System Upgrades was in FY 2022 Budget Finance Officer Nielson reviewed the Budget Adjustment for the Radio System Upgrades for the Fire and Police Department. The funds would come from carryover and the funds are available. They were not able to move forward with the purchase of the equipment last year because the equipment was on back order . 3 3. Approval for Arts Promulgation Fund Budget Adjustment for Donjo Baseball Complex Statues Finance Officer Nielson reviewed the Budget Adjustment for the Parks Department. Council Member Walker moved to approve the Fire and Police Department Budget Adjustment for Radio System Upgrades in FY 2022 Budget and for the Donjo Baseball Complex Statues; Council Member Flora seconded the motion; Council President Busby asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried B. Public Works: – Justin Beard (0:23:39) 1. Approval for Wastewater Headworks Project Grant Administrator Contract – Altura Community Consulting & Business Finance Assistant Public Works Director Beard reported the city was awarded a Community Development Block Grant (CDBG) from the Idaho Department of Commerce for the Wastewater Headworks Project. He 4 recommended approval of a Professional Services Contract with Altura Community Consulting and Business Finance for the grant administration. Council Member Chambers moved to approve the Wastewater Headworks Project Grant Administrator Contract – Altura Community Consulting & Business Finance; Council Member Johnson seconded the motion; Council President Busby asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried Public Hearing 6:30 P.M. Ordinance No 1299 Mayor and City Council Salary Changes Effective January 1, 2024 and Considered First Read if Motion Passes – Matt Nielson Finance Officer Nielson explained by state law the Mayor and City Council Salaries can only be change every other year. He uses the Consumer Price Index Cost of Living percentage to determine the Mayor and City Council salary increases. Council President Busby opened the public hearing. Public Testimony in favor of the proposal (5 -minute limit): None Public Testimony neutral to the proposal (5-minute limit): None Public Testimony opposed to the proposal (5 -minute limit): None Council President Busby closed the public hearing. Council Member Erickson moved to approve Ordinance No 1299 Mayor and City Council Salary Changes Effective January 1, 2024 and consider first read; Council Member Walker seconded the motion; Council President Busby asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried Mayor’s Report: (0:29:10) Mayor Merrill did not attend the meeting. Items for Consideration: A. Planning & Zoning recommendation to rezone 728 S 5th W from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1) Zone #23-00135. Designated as Ordinance No 1300 if motion passes – Kyle Baldwin Planning Assistant Baldwin explained in the Low Density Residential 2 (LDR2) Zone a Conditional Use Permit is not allowed; therefore, the applicant is requesting a rezone to Medium Density Residential to allow a home occupational daycare of 12 children. The LDR2 Zone allows a minimum number of six children in a home occupational daycare. This property is contiguous with the MDR1 Zone across the street. Council President Busby mentioned the property owner to the north of this property several years ago requested his property be rezoned from LDR2 to MDR1; however, his request was denied so he had to split his lot into three different parcels to achieve his purpose. Council Member Johnson said during the Planning and Zoning meeting Attorney Spencer Rammell reminded the commissioners when considering a zone change decision to only consider the request and no t the project because the project could change once the zone is implemented. Council Member Walker expressed his concerns with having a MDR1 Zone in the middle of a LDR2 Zone. He would prefer the code allowing the number of children in a home occupational daycare in a particular zone to be changed and not the zone itself. Council Member Erickson expressed the same concerns as Council Member Walker. He said if they were to approve this rezone it would be considered a spot zone. 5 Council Member Flora said one of the difficulties of not taking the project into consideration when determining a zone change is that in this case the property owner is already operating a daycare and it’s the city’s own code that is limiting the property owner. City Attorney Zollinger explained the Councilmembers could request a change in the city’s code to allow a daycare with 12 children to operate in a LDR2 Zone with a Conditional Use Permit. City Attorney Zollinger recommended the Councilmembers to table the rezone and refer the addition of a Conditional Use Permit in the LDR2 Zone to increase the number of children in a home occupational daycare to the Planning and Zoning Commissioners. Council Member Flora moved to Table the rezone at approximately 728 S 5th W from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1) Zone and refer it to Planning and Zoning Commission to consider adding a Conditional Use Permit in the LDR2 Zone to increase the number of children allowed in a home occupational daycare to be consistent with State Statutes; Council Member Walker seconded the motion; Council President Busby asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried B. Planning & Zoning recommendations to approve the Conditional Use Permit (CUP) for approximately 1565 N 2nd E to allow religious worship and meeting house in Transitional Agriculture (TAG) zone, per the Rexburg Development Code as a Conditional Use #23 -00154 – Kyle Baldwin Planning Assistant Baldwin explained this Conditional Use Permit would allow religious worship and meeting house in Transitional Agriculture (TAG) zone and height of the buildings. The allowed height of the building is 240 feet approved by the Federal Aviation Administration (FAA); however, the proposed height of the building is 235 feet. 6 Council Member Johnson moved to approve the Conditional Use Permit (CUP) for approximately 1565 N 2nd E to allow religious worship and meeting house in Transitional Agriculture (TAG) zone, per the Rexburg Development Code as a Conditional Use ; Council Member Flora seconded the motion; Council President Busby asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried Calendared Bills: A. Second Reading: Those items which have been first read: NONE B. Third Reading: Those items which have been second read: NONE Consent Calendar: The consent calendar includes items, which require formal City Council action, however, they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the City Council’s agenda packet regarding these items. (0:46:29) A. Minutes from April 28th, May 9th, 2023, Meetings B. Approve the City of Rexburg Bills Council Member Chambers moved to approve the Consent Calendar containing the minutes and city bills; Council Member Erickson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried Adjournment 7:19 P.M. APPROVED: ________________________________ Jordan Busby, Council President Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk